The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note identifies what can be transferred when assigning a contract and how to effect a valid assignment of a contract. For guidance on common contract assignment scenarios, see Practice Note: Assigning contracts—common scenarios and considerations.
Contracts are frequently assigned as part of the way companies run their businesses. When advising a party in relation to a proposed or purported assignment (transfer) of a contract where there may be a dispute, you will need to consider:
what, when and how rights can be assigned
how an assignment can be challenged
For detail on how to vary or transfer rights and obligations under a contract by way of variation or novation, see Practice Notes:
When is variation of a contract valid?
Novation—why and how to novate a contract
An assignment is 'an immediate transfer of an existing proprietary right, vested or contingent from one party to another'.
So, in the context of 'assigning a contract' we are concerned with transferring a party's rights under the contract to someone else. In a contract between (A) and (B), (B) decides to assign their rights under the contract to (C). For example, if (A) has promised to pay £10 to (B), (B) can assign the benefit of that debt to (C), such
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This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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